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Decoding IR35: Your Guide to Contractor Tax Status

Decoding IR35: Your Guide to Contractor Tax Status

Decoding IR35: Your Guide to Contractor Tax Status

For many independent professionals, the flexibility and financial benefits of contracting are a significant draw. However, navigating the complexities of UK tax legislation, particularly IR35 (Off-Payroll Working Rules), can be a daunting task. At Taxfile, we understand these challenges and are here to provide clear, actionable insights to help you manage your IR35 status effectively and ensure HMRC compliance.

What is IR35

and Why Does it Matter?

Introduced to tackle “disguised employment,” IR35 aims to ensure that individuals working through an intermediary (like a Personal Service Company or PSC – a limited company set-up to provide the services of a single contractor) who would otherwise be considered employees are taxed appropriately. Getting your IR35 status determination right is crucial, as an incorrect assessment can lead to significant backdated tax bills, interest, and penalties from HMRC.

Essentially, IR35 differentiates between a genuinely self-employed contractor and someone who, despite operating through a PSC, is performing work akin to an employee.

Who Determines Your IR35 Status?

A vital change in recent years is the shift in responsibility for IR35 status determination. Generally, the end client (the company you are contracting for) is now responsible for assessing your IR35 status, unless they qualify as a “small business” or are based overseas. If your client is a small business, the responsibility for determining your status typically remains with you.

When determining status, HMRC takes an “overall view” of the working relationship, considering both the written contract and the actual working practices. No single factor is definitive, but several key areas are heavily weighted.

The Three Key Pillars of IR35 Status

HMRC primarily focuses on three critical areas to test your employment status for tax purposes:

1. Control

This assesses the extent to which your client dictates how, where, and when the work is performed.

  • Outside IR35 indicators — You have significant autonomy over your work delivery, set your own hours (within project scope), and decide your work location.
  • Inside IR35 indicators — Your client dictates your working hours, location, and closely supervises your methods, much like an employee.

2. Personal Service / Right of Substitution

This examines whether you are required to personally provide the services or if you have a genuine right to send a suitably qualified substitute.

  • Outside IR35 indicators — Your contract explicitly allows for a genuine right of substitution, and your client’s acceptance of a substitute is not unduly restrictive. This demonstrates you’re providing a service, not just your personal labour.
  • Inside IR35 indicators — Your client insists that only you perform the work, with no genuine right of substitution.

3. Mutuality of Obligation (MOO)

This considers whether there’s an ongoing obligation for the client to offer work and for you to accept it.

  • Outside IR35 indicators — Your engagement is for a specific project with a defined end date, with no expectation of continuous work or obligation for you to accept further assignments.
  • Inside IR35 indicators — There’s an expectation of ongoing work, regular contract renewals, and an implicit obligation for you to accept work offered, similar to an employment relationship.

Other Important Factors HMRC Considers

Beyond the core three, HMRC also looks at a range of other factors to build a comprehensive picture of your working relationship:

  • Financial Risk — Do you bear any genuine financial risk for the work, such as having to rectify mistakes at your own expense?
  • Provision of Equipment — Do you use your own equipment, or is it provided by the client?
  • Part and Parcel of the Organisation — Are you integrated into the client’s organisation (e.g., attending staff meetings, having an internal email address, receiving employee benefits)?
  • Exclusive Service — Do you work for multiple clients, or are you effectively working exclusively for one?
  • Basis of Payment — Are you paid by the job/project, or on a regular, fixed basis similar to a salary?
  • Intention of the Parties — While not solely determinative, the mutual intention of both parties (as reflected in documentation and practices) to establish a self-employed or employed relationship can be considered.
  • Business on Own Account — Do you operate as a genuine business (e.g., having your own website, business cards, professional indemnity insurance, marketing your services)?

The Status Determination Statement (SDS)

When an end client determines your IR35 status, they are legally required to issue a Status Determination Statement (SDS). This written statement declares your deemed employment status (inside or outside IR35) and provides the reasons for that conclusion. The client must take “reasonable care” when making this determination.

Utilising the CEST Tool

HMRC provides an online tool called Check Employment Status for Tax (CEST), which can assist in determining IR35 status. If the tool is used correctly and all information is entered accurately, HMRC states it will stand by the outcome. You can find it here.

It’s crucial to remember that IR35 status is assessed on a case-by-case basis for each engagement. Both the contractual terms and the actual working practices are considered equally important.

The Impact of Being ‘Inside IR35’

If your contractor engagement is deemed to fall inside IR35, the implications for your take-home pay and financial arrangements can be significant:

  • Your client (or the agency) will generally place you on a PAYE (Pay As You Earn) scheme, deducting Income Tax and National Insurance Contributions (NICs) at source, similar to a traditional employee. This will directly affect your net income.
  • The expenses you can claim will be significantly limited compared to being outside IR35.
  • You typically won’t be able to pay yourself in tax-efficient company dividends.

Taxfile: Tax & Accountancy Help

Contact Taxfile for help with any tax-related and accountancy issues for individuals, the self-employed, sole traders, limited companies and more. Whether you are confused about your IR35 status, have a one-off accounting-related issue, or require something more regular like payroll handling, Taxfile can help. We excel in bookkeeping, limited company accounts, VAT, taxes, self-assessment tax returns, tax refunds for CIS subcontractors, and many more areas of accountancy and tax. Contact us today — we offer a free 20-minute introductory consultation at our Tulse Hill office in South London or, if preferred, via a simple phone call or video link.

Do I Need to Register for Self-Assessment?

Do I Need to Register for Self-Assessment?

by Mohamed at Taxfile.

In today’s guide, we look at the rules around whether or not you need to register for Self-Assessment and submit a tax return to HMRC each year. Let’s take a look.

Reasons to Register for Self-Assessment

You generally need to register for a Self-Assessment tax return if your income isn’t taxed at the source, meaning the tax isn’t automatically deducted from your wages/salary. Here are some common scenarios where you would need to register for self-assessment:

  • You are self-employed — sole traders, freelancers, and consultants typically fall under this category.
  • You receive rental income — if you earn income from renting out a property, you need to register.
  • You have a high income — employees earning over £100,000 per year need to register as their tax calculations may become more complex. (From 2023-24 you are only required to register if your income is above £150,000).
  • You have other income sources — this includes income from abroad, dividends, and partnership profits.

If you are still unsure about registration, please contact HMRC or call Taxfile on 0208 761 8000.

Registering for UK Taxes is Important

Registering for UK taxes is important for a few reasons, as we’ll explain below.

Firstly, it helps you avoid penalties. If you don’t register for Self-Assessment when required, you could face penalties from HMRC. These can be significant, especially if you’ve been earning income for a while without registering.

Secondly, it helps to ensure accurate tax payments. By registering and filing a Self-Assessment tax return, you ensure you’re paying the correct amount of tax. Without it, you might underpay and owe interest, or overpay and have to wait for a refund.

Thirdly, it helps you stay legally compliant. In severe cases, failing to register and pay your taxes can lead to legal action, including prosecution.

Registering also helps you maintain good standing with the Government. Being registered with HMRC shows you’re taking your tax obligations seriously. This can also be important if you’re applying for credit, a mortgage, or a visa.

Do Directors Need to Do a Self-Assessment?

Not all directors need to do a Self-Assessment tax return, but some do. Here’s a breakdown:

Directors with only PAYE income

If your only income from the company is through PAYE (Pay as You Earn), where tax is deducted at source, you generally don’t need to do a Self-Assessment.

Directors with additional income

If you have any other taxable income besides your salary, like dividends, company benefits, or income from another job, you likely do need to do a Self-Assessment tax return in order to report it.

However, even if you aren’t required to register, HMRC might still ask you to file a Self-Assessment return.

Learn more about director self-assessment here.

Why is Payroll Important for a Director?

Payroll ensures compliance with tax regulations. Directors are considered employees for tax purposes, and PAYE is the system used to collect Income Tax and National Insurance Contributions (NICs) from their salary. Running payroll ensures these deductions are made and reported correctly to HMRC.

Payroll creates a clear and accurate record of your director’s salary payments. This is important for tax purposes, but also for things like calculating benefits and pension contributions that might be tied to salary.

Being on payroll allows directors to qualify for certain benefits they wouldn’t get if paid through dividends alone. These can include enrolling in a company pension scheme and accruing National Insurance credits that contribute to your state pension.

Payroll ensures transparency by helping to maintain a clear separation between personal finances and the company’s finances. This is important for legal and accounting reasons.

While there might be tax advantages to structuring some of your director’s income as dividends, payroll remains a vital part of ensuring you’re following regulations and have a clear record of your director’s overall compensation.

Learn more about how to pay yourself as a director here.

Contact Taxfile – Accountants & Tax Advisors

Tax and accountancy help for South Londoners

If you need any accountancy help for your limited company or small business, Taxfile is here to help:

020 8761 8000 Book Appointment Contact Us

Are you in the South East or London? Taxfile has offices in Tulse Hill, and Dulwich, in South London.

Demystifying the SA302: Your Tax Summary Explained

Demystifying the SA302: Your Tax Summary Explained

Demystifying the SA302: Your Tax Summary Explained

by Faiz at Taxfile

An SA302 is a document issued by HM Revenue & Customs (HMRC) that summarizes your income tax calculation for a specific tax year. It shows how your tax bill was arrived at, including your income from various sources, any deductions and allowances, and the final amount of tax owed or refunded.

An SA302 can be essential documentation in various situations. For instance, you might need it when applying for a mortgage, a visa, or a business loan, as it serves as proof of your income and tax obligations.

How & Where to Get an SA302

If you need a copy of an SA302 there are various ways of obtaining them:

• If you have done your tax return yourself via HMRC’s portal, you can log into your Government Gateway and download copies of them;
• If you have used an accountant that uses external software, then your accountant can provide you with the calculations. It’s worth noting that HMRC has a list of lenders that will accept the tax calculations from the accountant’s software. If your lender’s name is not on this link, then you or your accountant would need to contact HMRC and ask them to send you one. This can take up to 14 days to arrive via post.

Avoiding Errors & Information Mismatches

At Taxfile we receive a lot of SA302s for our clients that have been sent to us by HMRC. This happens when there has been some error or omission on a client’s tax return that was submitted and didn’t match what HMRC had logged on their system. To explain:

HMRC holds the following information about each taxpayer:

• Student loans;
• Private pension contributions;
• PAYE income;
• Jobseeker allowance;
• Child Benefit along with salary information (so, if one of the parents was on a salary of £60,000* or more, then HMRC will recover some or all of the benefit);
* (£50,000+ for the tax years 2023/24 and prior)
• Registration for Class 2 National Insurance.

Because HMRC holds such information, our clients must check their tax returns carefully to ensure all the points mentioned above have been correctly covered and included in the tax return where appropriate. This is a crucial step when we provide the calculation and clients should also carefully read the declaration notes that are provided.

Tax or Accounting Problems?

Taxfile — help when you need it for tax and accountancy issues across South London


020 8761 8000 Book Appointment Contact Us

Taxfile are accountants & tax advisors in Tulse Hill, and Dulwich, South London.

Guide to the Employer Payment Summary (EPS) – for Limited Companies within the CIS

Guide to the Employer Payment Summary (EPS) – for Limited Companies within the CIS

by Daniel at Taxfile.

Understanding the Employer Payment Summary (EPS) monthly claims for limited companies within the CIS

Limited company contractors operating within the Construction Industry Scheme (CIS) have distinct payroll obligations, including the submission of their Employer Payment Summary (EPS). In today’s guide, we’ll explain what the EPS is, its purpose, and the submission rules limited companies have to follow if they work within the Construction Industry Scheme.

What is the EPS?

The Employer Payment Summary serves as a crucial mechanism for limited company contractors to report additional payments, deductions, and adjustments to HM Revenue & Customs (HMRC) alongside their regular payroll submissions. While all such employers submit a monthly EPS, limited company contractors operating under CIS have specific considerations due to their status and the nature of their work within the construction industry.

The purpose of submitting monthly EPSs for Limited Company Contractors in the CIS

The primary purpose of EPSs for limited company contractors operating within the CIS is to provide HMRC with accurate information about deductions suffered under the Construction Industry Scheme. By submitting each monthly EPS for CIS, limited company contractors also ensure compliance with CIS regulations and provide HMRC with essential data for tax calculations and entitlements.

Submitting an EPS for Limited Company Contractors working within the CIS

Limited company contractors operating within CIS are required to submit an EPS to HMRC every month, even if there are no adjustments to report. EPSs should be submitted after the end of the tax month but before the 19th of the following month, in line with HMRC guidelines.

Contractors can use HMRC’s online services or compatible payroll software to submit their monthly EPS for CIS. It’s crucial to ensure that the information provided in each EPS accurately reflects the deductions suffered under CIS.

The CIS deductions suffered sent through an EPS are promptly reflected as a credit on the PAYE account. This credit will then be utilised to set off against other liabilities, including PAYE tax, National Insurance Contributions (NIC), and subcontractor’s tax submitted through the CIS300 return.

When sending the EPS you can also claim Employment Allowance and recover statutory payments that exceed the amount of PAYE due.

Submitting EPSs late may lead to penalties imposed by HMRC, which can vary based on the extent and frequency of delays.

CIS Accountancy Help from Taxfile

At Taxfile, we can provide guidance on compliance requirements, tax calculations, and record-keeping practices.

Get in touch today for any accountancy or tax issue that needs expert help.


020 8761 8000 Book Appointment Contact Us

We can help whether you are a contractor, subcontractor, sole trader or limited company business in South London.

We are accountants in Tulse Hill, and Dulwich.

Boost Your State Pension with Voluntary National Insurance Contributions

Boost Your State Pension with Voluntary National Insurance Contributions

Boost Your State Pension with Voluntary National Insurance Contributions

As we approach retirement, ensuring a comfortable financial future becomes a top priority. The state pension, a crucial source of retirement income, is dependent on the number of qualifying years of National Insurance (NI) contributions you have made. While gaps in your NI record can diminish your state pension entitlement, there’s a solution: voluntary NI contributions.

To receive the full state pension, you need 35 qualifying years of NI contributions. These years typically accumulate as you work, with contributions automatically deducted from your salary. However, there may be instances where you may not have earned enough to make mandatory NI contributions, leading to gaps in your record. Read more

Pension Contribution Deadline Extended

Deadline for Voluntary Insurance Contributions Extended to 5th April 2025

Deadline for Voluntary Insurance Contributions Extended to 5th April 2025

The original deadline for buying National Insurance ‘credit’ was 31st July 2023, but you can now ‘buy’ incomplete years to boost your state pension until 5th April 2025. The extension was approved by the Government, giving HMRC more time to deal with the process.

You can view our original blog on what you need to do to plug the gaps in your National Insurance contributions here.

Boost State Pension by Plugging Gaps in National Insurance

Boost State Pension by Plugging Gaps in National Insurance

IMPORTANT: the video mentions the original deadline in April 2023. This has now been extended to 5th April 2025.

Do you have gaps in your National Insurance record? If so, it could mean that you could get a lower State Pension when you reach state retirement age, particularly if you are aged between approximately 45 and 70 at the moment. Generally speaking, you need 10 years of contributions for a basic state pension and around 30 to 35 years for a full state pension. It does vary by circumstance though and, even with gaps, some people might have enough qualifying years for the full state pension already.

Urgently Check Whether You Have National Insurance Gaps

Our advice is to urgently check whether you do have any gaps in your National Insurance record. If so, in many cases it would be wise to make some one-off payments to plug any gaps for the years 2006 to 2016. However, there is limited time to do so despite the deadline for this opportunity having been extended from early April to the end of July 2023 [UPDATE: This has now been extended again to 5th April 2025]. Thereafter, the chance to fix all 11 years from 2006 to 2016 will be gone forever. Read more

New Taxfile Brochure - Download Here

New Taxfile Brochure – Download Here

New Taxfile Brochure - Download Here.

The new Taxfile brochure is out and you can download it here. Even if you’re an existing client, it’s worth taking a look in case we can help you in ways you weren’t aware of. We can help anyone e.g. the self-employed, directors of limited companies, partners in partnerships, sole traders, retired people, landlords, taxi and cab drivers, construction workers and just about anyone.

The new brochure covers:

  • Self-assessment income tax returns;
  • Services for SMBs;The new brochure from Taxfile - accountants and tax advisers in Tulse Hill, Dulwich, South London & the South West.
  • Accounts work for limited companies;
  • Bookkeeping and bank reconciliation;
  • Payroll & PAYE tax and National Insurance, company pensions and more;
  • VAT help, including for VAT schemes, registration and VAT returns;
  • Company pensions (auto-enrolment etc.);
  • Corporation Tax returns;
  • Confirmation Statements;
  • Making Tax Digital (MTD);
  • CIS calculations and tax rebates for construction workers;
  • Help with tax complications;
  • Taxfile brochure - inside spread.Dealing with HMRC on your behalf;
  • Joining or leaving various tax schemes;
  • Capital Gains Tax (CGT) calculations and handling;
  • Tax calculations relating to property income for landlords;
  • Disclosures of income not previously taxed (e.g. from abroad);
  • And much more.

Forward to a Friend – Free Consultation

Please feel free to forward the new Taxfile brochure to a friend who could benefit from our accountancy and tax-related services. We offer a free 20-minute consultation for new clients, without obligation.

020 8761 8000 Book Appointment Download Brochure

We are open 6 days a week during February including Saturday mornings (by appointment) and later opening (until 6pm) on Mondays and Tuesdays.

Taxfile Covers Clients for HMRC Enquiries

Taxfile Covers Clients for HMRC Enquiries

Taxfile Covers Clients Against HMRC Enquiries

Did you know that Taxfile’s clients are protected from HMRC enquiries, for example for tax returns and similar submissions we make to HMRC? Through a simple, low-cost fee, Taxfile promises to liaise with HMRC on clients’ behalves should HMRC ever want further clarification of figures submitted. This includes HMRC queries following a tax return, VAT return, corporation tax return or payroll submission made by us. Usually, protecting clients from this type of HMRC investigation could mount up in terms of cost, as it can sometimes take hours to deal with, even for tax experts like us. However, with Taxfile’s low cost cover, it’s all covered automatically (within reason, of course*).

Through a low-cost fee, Taxfile promises to liaise with HMRC on clients' behalves should HMRC ever want clarification of figures submitted.The enquiry cover costs only …

  • £5 for a self assessment income tax return;
  • £10 for a VAT return;
  • £25 for a corporation tax return;
  • £4 for a payroll submission.

(VAT extra). Most accountants would charge you a considerable sum for this level of protection against HMRC enquiries. However, at Taxfile, we spread the cost through the whole business and, as a result, the cost to clients is a fraction of what it could otherwise be. We hope you agree that it’s a very small price to pay for such peace of mind, should the worst happen.

Tax Advisers & Accountants in Tulse Hill & Dulwich, South London

Do ask a staff member if you would like more information or, indeed, if you would like any tax or accountancy help. Telephone 020 8761 8000 or contact us here. We are Read more